§9661 Love Canal Property Acquisition

Summary

The EPA can give up to $2,500,000 to New York or its public agencies to buy private property in the Love Canal Emergency Declaration Area. The buyouts can cover any private land there, like homes (even if not owner-occupied), businesses, churches, non-profits, and empty lots. Owners must agree to sell. Payments must equal the fair market value of the property as it was before the emergency declaration, using the valuation rules from the October 9, 1980 agreement between the New York State Disaster Preparedness Commission and the Love Canal Revitalization Agency. The EPA will only fund purchases if a New York public agency first agrees to take title to the properties under a cooperative agreement. The EPA will also make a cooperative agreement to maintain the bought properties, paying 90% of maintenance costs and leaving the rest to the State (unless a credit under section 9604(c) applies). The EPA may give technical help to carry out a habitability and land-use study and put the land to its best use. The EPA must study health risks, compare contamination to similar places, assess possible uses (residential, industrial, commercial, recreational) and publish findings and recommendations. Spending here counts as a cost under section 9611(c) for purposes of sections 9611 and 9631(c). This does not change other response actions the EPA found necessary before October 17, 1986. Emergency Declaration Area: the area defined in section 950, paragraph (2) of New York’s General Municipal Law, Chapter 259, Laws of 1980, as in effect on October 17, 1986. Private property: property not owned by the United States or by New York or its public agencies.